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HomeMy WebLinkAboutC-252 CRW Lift Station DULY Subject to final a ocp n e for trai of_ ~ Auditor of HamiitO, Parcel ORDINANCE NO. AN ORDINANCE OF THE COMMON COU CARMEL, INDIANA, ANNEXING CERTAIN TI~ CARMEL, INDIANA, PLACIN( WITHIN THE CORPORATION BOUND~ MAKING THE SAME A PART OF THE WHEREAS, well defined long term planning bene community at large; and WHEREAS, in recognizing the need and benefit Council of the City of Carmel, Indiana ("Council") is des Clay Township into the City of Carmet (the "Annexation '[ WHEREAS, the Annexation Territory is contiguou of Carmel; and WHEREAS, a map describing the boundaries oJ hereto and incorporated herein as Exhibit A; and WHEREAS, a legal description of the Annex~ incorporated herein as Exhibit B; and WHEREAS, the Annexation Territory consists of', WHEREAS, the Annexation Territory is needed development in the reasonably near fttrther; and WHEREAS, responsible planning and state law 2 definite policy for the provision of certain services to arme · 200300120160 Filed fm' Record in HAMILTON COUNTY, INDIANA sfer - JENNIFER J HAYDEN 11-26-2003 At 08:42 am. 00 ~b ANNEXATION 23. O0 SPONSORED BY: COUNCILORS KOVEN, SNYDER AND WILSON -252 NCIL OF THE CITY OF RRITORY TO THE CITY OF THE SAME RIES THEREOF AND CITY OF CARMEL .ts the City of Carmel ("City") and the. of long term planning, the Common rous of annexing a certain portion of erritory"); and to the existing city limits of the City :he Annexation Territory is attached :ion Territory is attached hereto and ?proximately 0.38; and and can be used by the City for its ~quire adoption of a fiscal plan and a ted areas; and SPONSORED BY: COUNCILORS KOVEN, SNYI)ER AND WILSON WHEREAS, prior to the publication and issuance of notice of public hearing, this Council, by resolution, will adopt a written fiscal plan and definite policy for the provision of services of both a non-capital and capital nature to the Annexation Territory; and WHEREAS, the written fiscal plan and definite policy adopted by resolution will include the provision of services of a noncapital natare to the Annexation Territory within one year after the effective date of this annexation in a manner equivalent in standard and scope to those noncapital services provided to areas within the cmxent corporate boundaries, regardless of similar topography, patterns of land use, and population density; and WHEREAS, the written fiscal plan and definite policy adopted by resolution will include the provision of services of a capital nature to the Annexation Territory within three years after the effective date of this annexation in the same manner those services are provided to areas within the current corporate boundaries, regardless of similar topography, patterns of land use, and population density and in a manner consistent with federal, state and local laws, procedures, and planning criteria and consisted with the annexation policy previously adopted by this Council; and WHEREAS, prior to the final adoption of this Ordinance, the Council will have conducted a public hearing pursuant to proper notice issued as required by law; and WHEREAS, the Council finds that the annexation of the Annexation Territory pursuant to the terms of this Ordinance is fair and equitable and should be accomplished. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, as follows: The above recitals are incorporated herein by reference as though fully set forth herein below. In accordance with I.C. 36-4-3-4, the Annexation Territory is hereby annexed to the City of Carmel and thereby included within its corporate boundaries pursuant to the terms of this Ordinance. 3. The Annexation Territory is assigned to Carmel Common Council District No. 5. All prior Ordinances or parts thereof which may be inconsistent with any provision of this Ordinance are hereby repealed. The paragraphs, sentences and words of this Ordinance are separable, and if any portion hereof is declared unconstitutional, invalid or unenforceable by a court of competent jurisdiction, such declaration shall not affect the remaining portions of this Ordinance. SPONSORED BY: COUNCILORS KOVEN, SNYDER AND WILSON This Ordinance Shall be in full force and effect from and after the date of its passage and signing by the Mayor and such publication and recordation as is required by law. ~. PAS, SED by the Common Council of the City of Carmel, Indiana, this/8~ay of fl~..L~[~ ,2003, by a vote of "-/ayes and .~_ hayes. (~L~u~er, President ~r~Tempore Robert Battreall ATTEST: /~ //~ ~ana L. Cor&ay, ~C, ~{lo~Treas~er 3 SPONSORED BY: COUNCILORS KOVEN, SNYDER AND WILSON Presented by me to the Mayor of the City of Carmel, Indiana this Iq4~ay of ~t~ ,2003, at l0 ;~3 t~ .M. /~'~///) Sandra M. Johnso~ ~~uty Clerk for /Diana L. Cordray/IAMC, Clerk-Treasurer . d by me, Mayor of the City of Carmel, Indiana, this .003, at . . //Diana L. Cordray, IA~4C, Clerk-Treasurer Prepared by: 769081 Sue A. Beesley Bingham McHale LLP 10 W. Market Street Suite 2600 Indianapolis, IN 46204 4 EXHIBIT "B" LEGAL DESCRIPTION ANNEXATION ORDINANCE C-252 CLAY TOWNSHIP REGIONAL WASTE DISTRICT LIFT STATION PROPERTY Part of the West Half of the Northeast Quarter of Section 7, To~vnship 17 North, Range 4 East, being more particularly described as follows: Commencing at the Southwest comer of the West Half of the Northeast Quarter of said Section 7; thence South 00 degrees 12 minutes 46 seconds East a distance of 30.0 feet to a point on the assumed south right of way line of East 99t~ Street, said point also being located on the north boundary of the Lakeside Gardens subdivision; thence North 89 degrees 23 minutes 20 seconds East on and along the assumed south right of way line of East 99th Street and the north boundary of Lakeside Gardens a distance of 1,292.21 feet; thence North 00 degrees 11 minutes 29 seconds East a distance of 66.06 feet to a point on the west right of way line of Keystone Avenue; thence North 00 degrees 11 minutes 29 seconds East along the west right of way line of Keystone Avenue a distance of 423.94 feet; thence northwesterly along the west right of way line of Keystone Avenue an arc distance of 397.02 feet; thence North 06 degrees 08 minutes 34 seconds West along the west right of way line of Keystone Avenue to the PLACE OF BEGINNING of this description; Thence South 83 degrees 51 minutes 26 seconds West along the west boundary of the Clay Townskip Regional Waste District property and the east boundary of the Brooks Bend subdivision a distance 50 feet (coincident with the corporate limits of the City of Carmel via Annexation Ordinance C 166); Thence No~h 51 degrees 08 minutes 55 seconds West along the west boundary of the Clay Township Regional Waste District property and the east boundary of the Brooks Bend subdivision a distance of 66.47 feet (coincident with the corporate limits of the City of Carmel via Annexation Ordinance C166); Thence North 06 degrees 08 minutes 34 seconds West along the west boundary of the Clay Township Regional Waste District property and the east boundary of the Brooks Bend subdivision a distance of 90.0 feet (coincident with the corporate limits of the City of Carmel via Annexation OrrYmance C166); Thence North 85 degrees 10 minutes 37 seconds East along the north boundary of the Clay Township Regional Waste D/strict and the south boundary of the Brooks Bend subdivision a distance of 52.83 feet to a point on die west right of way line of Keystone Avenue (coincident with the corporate traits of the City of Carmel via Annexation Ordinance C166); Thence East along the north right of way line of Keystone Avenue to a point on the west right of way line of Keystone Avenue (coincident with the corporate limits of the City of Carmel via Annexation Ordinance C50); Thence south along the west right of way line of Keystone Avenue and the east boundary of the Clay Township Regional Waste District property to the southeast comer of the Clay Township Regional Waste District property (coincident with the corporate limits of the City of Carmel via Annexation Ordinance C50) and the PLACE OF BEGINNING containing 0.38 acres more or less, subject to all legal easements and right of way of record. ALSO: This annexation contains the following parcels: Clay Township Regional Waste Dis~:ict (1) 1%14-07-00-00-003.102 There is no additional right of way included in this annexation. 7